Reading Room Document

Army Electronic Surveillance Procedures

This memo agreed with the conclusion of a previous memo to the Attorney General that the Army need not retain complete tapes of all electronic surveillance it conducts overseas. It reasoned that there was neither a statutory nor judicial requirement for retention. Although the opinion explained that a criminal defendant could attempt to use retained tapes as evidence that the surveillance was unlawful, it advised that documentation of the justification for surveillance and minimization procedures would better address that concern.

September 30, 1976